Brands v. City of Louisville
Court of Appeals of Kentucky
•Case 6 — Action to Recover Money Paid Under Mistake of Law- APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. JUDOMENT FOR DEFENDANT AND PLAINTIFFS APPEAL. Petition for rehearing by appellants. I. The reasons .assigned by the court for the conclusion reached are the result .of erroneous premises, and are based on assumed conditions that in fact never had an existence.
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•Case 6 — Action to Recover Money Paid Under Mistake of Law- APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. JUDOMENT FOR DEFENDANT AND PLAINTIFFS APPEAL. Petition for rehearing by appellants. I. The reasons .assigned by the court for the conclusion reached are the result .of erroneous premises, and are based on assumed conditions that in fact never had an existence. Take' for instance that part of the opinion wherein it is recited that “the city is required to make the apportionment. If an error is made it is the duty of the property owner, no less than the city official, to detect…
1Opinion of the Court
Opinion op the court by
JUDGE HOBSON
Affirming.
On July 13, 1891, the general council of the city of Louisville passed an ordinance for improving the streets of the city with vitrified brick, which contained, among others, this provision: “The contractor shall guaranty the performance of his contract according to this ordinance, and the pavement therein specified and the material composing the same shall be kept in good repair for a period of *59five years from tlie completion of the work and the acceptance by the general council; and to protect the city as to the character of said work and…
2Cases cited11 opinions
- Underwood v. BrockmanCourt of Appeals of Kentucky · 1836
- Gosnell v. City of LouisvilleCourt of Appeals of Kentucky · 1898
- City of Louisville v. AndersonCourt of Appeals of Kentucky · 1881
- City of Louisville v. ZanoneCourt of Appeals of Kentucky · 1858
- Ray & Thornton v. Bank of KentuckyCourt of Appeals of Kentucky · 1843
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- City of Louisville v. BeckerCourt of Appeals of Kentucky · 1910
- Scott v. Bd. of TrusteesCourt of Appeals of Kentucky · 1909
- State v. O'SheaNew Jersey Superior Court Appellate Division · 1953
- State v. SpruillNew Jersey Superior Court Appellate Division · 1953
- City of Henderson v. BreckinridgeCourt of Appeals of Kentucky · 1881
5 more not listed; retrieve them via the Exa API.